Sec. 45-51. - Purpose.

(a)

The sewer system user charges established in this division are to provide for the reimbursement of certain costs to the city and for the degree of control necessary for the city to provide treatment for domestic waste and those wastes of quantity and strength produced by industrial processes, including wastes of such characteristics as are difficult to treat for final disposal but which are economically feasible for treatment by the city sewer system when such wastes are pretreated or are accepted with treatment.

(b)

The user charge provided in this division shall not be in lieu of any sanitary sewer charges or any industrial cost of recovery charges established by this or any other section of this Code. The user charges established by this section shall be computed annually for each of the following three functions:

(1)

Volume of flow (Q);

(2)

Biochemical oxygen demand (BOD); and

(3)

Suspended solids (SS).

Bills shall be rendered no more often than quarterly.

(Code 1968, § 41-6(a))

Sec. 45-52. - Exemptions.

(a)

If a city water customer connected to a sewer makes a written application to the public works commissioner for exemption from sewer charges because a portion of the water used by him does not reach the sewer, such claim will normally be granted; provided, that:

(1)

The customer provides the proper data or means of determining the volume of water not reaching the sewer, in a form satisfactory to the public works commissioner; and

(2)

The city council approves the classification or category for which the exemption is claimed as one properly entitled to such exemption.

(b)

All property owners who are eligible for and have been granted exemptions from municipal taxation of real property in the city as provided for by chapter 44, article II and who are eligible for a rebate through a pro rata refund or pro rata credit for actual water consumption as provided for in section 45-175, shall also be granted a corresponding rebate of sewer service charges. Such sewer service charges shall be 80 percent of the annual charge for water service for such eligible property owners.

(Code 1968, § 41-9; Ord. No. 92-053(sub 1), § 1(j), 7-2-92)

Sec. 45-53. - Sanitary and storm water rates and charges.

(a)

Definitions. The following words, terms and phrases as used in this section shall mean the following:

All other storm water classes refers to the various storm water classes, except the single-family residential storm water class and the condominium storm water class.

Cemetery means property used exclusively for or planned for the burial or other disposal of dead persons and provided that (1) the owner is irrevocably dedicated to charitable purposes; (2) upon the liquidation, dissolution, or abandonment by the owner, the benefits from the property will not inure to the benefit of anyone except a community chest, fund, foundation, or corporation organized and operated for charitable or religious purposes; and (3) the use of such property is open to the general public, regardless of sex, race, color, or national origin. Should any of the conditions in this definition conflict with any established religious law, however, the owner shall not be required to comply with such condition.

Cross reference— (Based on definition in New Castle County Code Section 14.06.701.)

Condominium refers to the condominium parcels that are designated as such in the assessor's records of the New Castle County Department of Land Use, and includes both residential and non-residential condominiums.

Condominium unit refers to one dwelling within a residential condominium or one component within a non-residential condominium.

Dwelling means one or more rooms, designed, and occupied or intended for occupancy as separate living quarters, with a kitchen, sleeping area and bathroom provided for the exclusive use of a single household.

Equivalent storm water unit or ESU is a unit of measure that is set to equal the median impervious area square footage of the non-vacant, non-exempt parcels of the single-family residential storm water class.

Equivalent storm water unit factor or ESU factor means the number of ESUs calculated for each parcel in the condominium storm water class and the all other storm water classes by dividing a parcel's impervious area by the ESU.

Equivalent storm water quarterly unit rate or ESU rate means the storm water charge rate imposed quarterly on the non-vacant, non-exempt parcels of the first tier impervious area, of the single-family residential storm water class.

Equivalent storm water unit ratio or ESU ratio means the number of ESUs assigned to each parcel in the single-family residential storm water class, based on the tier assigned to each parcel.

Exempt parcel means all city owned parcels. A storm water charge will not be assessed on city owned parcels.

Impervious area means the total square feet of hard surface areas including buildings, driveways, any attached or detached structures, and paved or hard-scaped areas, or other surface areas that behave like an impervious area under wet weather conditions, that either prevent or restrict the volume of storm water that can enter into the soil, and/or thereby cause water to run off the surface in greater quantities or at an increased rate of flow than what would have occurred under natural undisturbed conditions.

Parcel means any real property, either developed or undisturbed, which is assigned a tax parcel number.

Paved parcel means a parcel upon which there is no structure except for paving, and which is assigned a "Paved" occupancy code in the assessor's records of the New Castle County Department of Land Use.

Runoff coefficients means those multipliers used to estimate the impervious area for each of the "All Other Storm Water Class" parcels based on the square footage of the parcels as found in the New Castle County Department of Land Use records. A list of the runoff coefficients used for the city is found in Table 2 below.

Single-family residential storm water class means parcels with a single-family, detached, semi-detached or attached dwelling.

Storm water class means classes of uses defined such that the customers within a class have similar land use characteristics. A list of the storm water classes defined for the city is found in subsection 45-53(c) of this chapter.

Storm water charge means the quarterly charge for storm water management assessed to a parcel within the city based on the use of the parcel on the last day of the quarter of the billing period.

Tier means the tier value that is assigned to each parcel in the single-family residential storm water class, based on the parcel's actual impervious area.

Vacant parcel for the purposes of this article only, means a parcel upon which there is no structure except for some marginal structure such as fencing, and which is assigned a "Vacant" occupancy code in the assessor's records of the New Castle County Department of Land Use.

(b)

Sanitary sewer charge. The sanitary sewer charge for parcels receiving their water supply from the water division of the city and located within the city shall be a percentage (W) of the water rent applicable for the same period and the same percentage (W) of any water rent levied for any or all portions of the year, as provided in section 45-58 of this chapter.

(c)

Excessive sewage strength surcharge. All properties receiving their water supply from the water division of the city shall be subject to an excessive sewage strength surcharge on any water or waste discharge computed on the basis of excessive biochemical demand (BOD) and excessive suspended solids (SS) in accordance with the following formula:

S = Q × 8.34 [R_BOD (C_BOD - 300) + R_SS (C_SS - 300)]

Where:

S = Surcharge in dollars

Q = Volume of water consumed in million gallons

8.34 = Conversion factor for lbs. per gallon of water

R_BOD; R_SS = Unit charges in dollars per pound of BOD and suspended solids respectively

C_BOD; C_SS = Strength concentration of BOD and suspended solids respectively, in all parts per million by weight

(d)

Storm water charge. The storm water charge represents an equitable system for recovering costs related to all aspects of storm water management, including but not limited to: capital improvements including debt service; operation and maintenance costs including routine replacements; combined sewer overflow mitigation and long term control plan creation and implementation; compliance with all current and future storm water and surface water regulatory requirements; surface water quality monitoring, inspection, management and improvement projects; flooding mitigation; inspections of storm water management facilities; billing and administration; plan review and inspection of sediment control and storm water management plans and practices; acquisition of interests in land including easements; and watershed planning and protection initiatives. All parcels that are within the city's corporate boundaries, shall be assessed a quarterly storm water charge as per the provisions of this article. In the event that the owner of a parcel and the user of a parcel are not the same, the owner shall be liable for the storm water charge.

The storm water charge shall be determined as per the provisions of this article, based on the equivalent storm water unit "ESU" and ESU rate. The ESU, the ESU rate and the single-family residential tiers may be amended by city council from time to time as necessary. The storm water charge for the various storm water classes shall be determined as follows:

(1)

Single-family residential storm water classes. For the single-family residential storm water classes, a four-tiered storm water charge is established to accommodate the wide range of impervious area square footage that exists among the single-family residential parcels in the city. The four tiers of impervious area and the storm water charge for each tier are as shown in Table 1:

Table 1: Single-Family Residential Parcels

*The quarterly storm water charge is calculated by multiplying the assigned ESU ratio, by the ESU rate.

Based on a parcel's actual impervious area, based on the information in New Castle County's Department of Land Use records, the department of public works shall assign a Tier and apply the associated ESU ratio to each single-family residential parcel. A storm water charge will be assessed quarterly based on the assigned ESU ratio and ESU rate. In the event of a newly constructed single-family residential dwelling, the department of public works shall assign a tier and ESU ratio upon issuance of the certificate of occupancy for that dwelling.

(2)

Condominium storm water class. The storm water charge for a condominium shall be the calculated ESU factor multiplied by the ESU rate. The department of public works shall calculate an ESU factor based on the estimated impervious area, based on the information in New Castle County's Department of Land Use records. The bill will be sent to the condominium association.

(3)

All other storm water classes. The storm water charge for all other storm water classes shall be the calculated ESU factor multiplied by the ESU rate. The department of public works shall calculate an ESU factor based on the estimated impervious area. The impervious area will be estimated by applying the runoff coefficients set forth in Table 2, to a parcel's gross parcel area, based on the information in New Castle County's Department of Land Use records.

Table 2: All Other Storm Water Classes

*Storm water classes are based on New Castle County Department of Land Use occupancy codes assigned to each parcel.

(4)

Exempt. All city-owned parcels are exempt from any storm water charge.

(5)

Assessment of storm water charge. The owner of record of a parcel will be assessed the storm water charge. In the case of joint ownership of a parcel, the storm water charge shall be billed to the owner designated as the primary owner in the assessor's records of the New Castle County Department of Land Use. In the case of condominiums, the storm water charge shall be billed to the condominium association.

(6)

Credit. A system of credits, which may reduce a parcel's quarterly storm water charge, shall be established for all the all other storm water classes. A storm water charge credit shall be issued to a parcel at the discretion of the commissioner of the department of public works and upon written application by the parcel owner for employing structural or non-structural best management practices or other storm water management practices on-site, which significantly reduces the quantity of storm water run-off or significantly improves the quality of storm water run-off from the parcel.

(7)

Appeal procedure. An owner of a parcel for which a storm water charge has been assessed, may appeal for that parcel: (1) the calculation of the storm water charge; (2) the assigned storm water class; (3) the assigned tier, if applicable; and (4) the eligibility for a credit. The appellant must file the appeal in writing to the commissioner of the department of public works.

The appellant shall submit a land survey prepared by a registered surveyor showing dwelling units, gross parcel area, total impervious area, type of surface material, as appropriate, and any other information that the commissioner shall specify. The commissioner may waive in writing the submission of a land survey. An appeal may be filed at any time, but any adjustment to the assessment in favor of the appellant shall only be applied prospectively. No retroactive adjustments to the storm water charge will be made in favor of the appellant.

a.

The burden of proof shall be on the appellant to demonstrate, by clear and convincing evidence the validity of the appeal.

b.

The filing of a notice of appeal shall not stay the imposition, calculation or duty to pay the storm water charge; the appellant shall pay the storm water charge, as stated in the billing.

c.

The commissioner shall send a written copy of the decision to the appellant with a copy to the director of finance.

(8)

Equivalent storm water unit. The equivalent storm water unit is 789 square feet.

(9)

Equivalent storm water quarterly unit rate. The equivalent storm water quarterly unit rate is $11.687.

(10)

Cemetery storm water management easement agreements. Cemeteries in the city with gross parcel area of more than one acre present unique opportunities for the city to work with the owners of such parcels to implement onsite alternative storm water management solutions designed to reduce the city's storm water management burden in the combined sewer system or improve in-stream surface water quality. Accordingly, the commissioner of the department of public works is hereby authorized to enter into easement agreements, memoranda of understanding, or maintenance agreements (Cemetery Storm Water Management Easement Agreements or "CSWMEA") with cemeteries that have a gross parcel area of more than one acre for the purposes of designing, constructing, maintaining and repairing alternative storm water management solutions or best management practices that will reduce the city's storm water management burden in the combined sewer system or improve in-stream surface water quality. The Cemetery Storm Water Management Easement Agreements may be multi-year agreements and may provide for in-kind and financial consideration to be given to the cemetery for city access rights if deemed appropriate by the commissioner.

The tax parcel subject to the CSWMEA must have a New Castle County occupancy code of "371 - CEMETERIES & CREMATORIES".

(Code 1968, § 41-6(b)(1); Ord. No. 06-019(sub 1), § 1, 5-18-06; Ord. No. 07-021, § 1, 5-17-07; Ord. No. 07-080, § 1, 1-17-08; Ord. No. 08-017(sub 1), § 1, 5-15-08; Ord. No. 08-083, § 1, 12-11-08; Ord. No. 09-003, § 1, 4-2-09; Ord. No. 09-014, § 1, 5-21-09; Ord. No. 09-043, § 1, 7-9-09; Ord. No. 10-019(sub 1), § 1, 5-13-10; Ord. No. 11-013, § 1, 5-19-11)

Sec. 45-54. - County users.

Charges shall be computed in accordance with the following formula, based upon flow as measured by the sewage meter or meters and appropriate tests for BOD and SS, for waste water collected by the county and for waste water of any other users or dischargers located outside the political boundary of the city:

U.S. = R_f × Q + R_BOD × BOD + R_SS × SS

Where:

(Code 1968, § 41-6(b)(2))

Sec. 45-55. - Users located in the city and discharging into a sewer system through a meter.

For properties receiving all or part of their water supply from other water companies or other sources, and for properties who have received their water supply from the water division of the city and who have a meter approved by the city and installed by the owner at his expense, the sewer charge shall be as follows:

(1)

(W) percent of the minimum city water meter charge based upon the size of the city water meter.

(2)

All excess sewage flow, as measured by meter, over the minimum allowed volume by water meter size shall be at (W) percent of the excess water flow.

(3)

For properties with a sewage flow of 50,000,000 gallons per quarter as recorded by a meter, the charges shall be computed using the formula as stated in section 45-54

(4)

For properties with a meter whose sewage flow is appreciably less than the water consumption as determined by the department of public works of the city, an equivalent water meter size for the sewage flow shall be assigned and the charges as stated in subsections (1) and (2) of this section shall apply.

(5)

All of the above users, under subsections (1), (2) and (4) of this section are subject to an excessive sewage strength surcharge pursuant to section 45-53

(Code 1968, § 41-6(b)(3))

Sec. 45-56. - Users whose sewage is pumped by city pumping station.

For those users or properties described in sections 45-54 and 45-55 who do not independently transport sewage directly to the sewage treat-ment plant, an additional pumping charge shall be assessed according to the following formula:

PS = P × Q

Where:

(Code 1968, § 41-6(b)(4))

Sec. 45-57. - Costs of transmission for users of city interceptor system.

For those users or properties described in section 45-56, an additional transmission charge shall be assessed according to the following formula:

TS = T × Q

Where:

(Code 1968, § 41-6(b)(5))

Sec. 45-58. - Unit charges.

Unit charges for sewer service. The following unit charges for sewer service shall be effective July 1, 2012, and shall continue as stated herein until and unless amended by ordinance of city council:

(Code 1968, § 41-6(b)(6); Ord. No. 91-024, § 1, 5-23-91; Ord. No. 92-018, § 1, 5-21-92; Ord. No. 93-016, § 1, 5-27-93; Ord. No. 94-014, § 1, 5-26-94; Ord. No. 95-017(sub 1), § 2, 5-31-95; Ord. No. 96-022, § 1, 5-20-96; Ord. No. 97-019, § 1, 5-15-97; Ord. No. 99-035, § 1, 5-20-99; Ord. No. 00-034, § 1, 5-25-00; Ord. No. 01-030, § 1, 5-17-01; Ord. No. 02-032, § 1, 5-16-02; Ord. No. 03-012, § 1, 5-15-03; Ord. No. 04-014, § 1, 5-20-04; Ord. No. 05-015, § 1, 5-19-05; Ord. No. 06-018(sub 1), § 1, 5-18-06; Ord. No. 07-020, § 1, 5-17-07; Ord. No. 08-016, § 1, 5-15-08; Ord. No. 09-014, § 2, 5-21-09; Ord. No. 10-019(sub 1), § 2, 5-13-10; Ord. No. 11-013, § 2, 5-19-11)

Sec. 45-59. - Billing.

The computation of all charges shall be made such as to coincide with the billing system of the water division of the city, using the average of all strength tests made to determine the charges for BOD and SS where appropriate for that period.

(Code 1968, § 41-6(b)(7))

Sec. 45-60. - Adjustment of unit charge.

The unit charge developed is based upon the total sewage load to the treatment plant in the previous calendar year. If after six months of data collection, the total sewage load to the treatment plant in the calendar year differs significantly from that of the previous calendar year, the department of public works of the city, with the concurrence of the department of finance of the city, is hereby authorized to adjust the unit charges on a semiannual basis by not more than 20 percent.

(Code 1968, § 41-6(b)(8))

Sec. 45-61. - Monitoring and analysis.

(a)

Any person whose property is served by a sewer connection which discharges sanitary sewage, industrial waste other than normal residential or domestic waste, directly into the sewage system of the city, shall file with the department of public works of the city within 90 days of July 1, 1976, on such forms as may be deemed necessary by the public works commissioner, an industrial waste questionnaire stating pertinent information as to the quantity of flow and chemical analysis of the waste constituents being discharged.

(b)

When required by the public works commissioner, the owner or user of any property discharging such waste as provided in subsection (a) of this section shall install a suitable chamber or manhole in the building sewer to permit observation, sampling and measurement of the combined wastes being discharged from the premises. Such chamber shall be constructed in accordance with the plans approved by the city and installed by the owner at his expense. The provisions of this section shall be enforced notwithstanding any contrary provisions of any city statute or ordinance and shall supersede any contrary provisions of any such statute or ordinance.

(c)

When the public water supply is used exclusively, the water consumption as determined from the meter records of the water division of the city shall be the only valid basis for computing a sewage flow, unless actual sewage flow is measured by a recording meter of a type approved by the public works commissioner. Any owner using such recording meter shall furnish at his expense such device in proper condition to accurately measure such flow. Such meters and records will be periodically inspected by the city. Where all or part of the water consumed is obtained from private supplies, such owner or users shall provide at all times suitable metering devices approved by the public works commissioner in connection with all sources of private water supplies. The volume of private water consumed, together with the consumption of public water as determined from the records of the water division of the city, shall be the basis for computing sewage volume or the owner may install, at his expense, an approved metering device to accurately measure sewage flow in the control chamber. Such meters and records will be periodically inspected by the city.

(d)

Determination of the average strength of the waste water shall be done by the city. Sampling of the effluent or waste discharges may be accomplished manually or by use of mechanical equipment to obtain a sample. The strength of the wastes shall be determined from samples taken at a chamber or manhole during any period of time of such duration and in such manner as the public works commissioner may elect or at any place mutually agreed upon between the owners and the city. The results of routine sampling and analysis by the owner may also be used, after approval and verification by the public works commissioner. In addition:

(1)

All measurements, tests and analysis of the characteristics of such wastes shall be determined in accordance with the latest edition of Standard Methods for the Examination of Water and Sewage, as prepared, approved and published jointly by the American Public Health Association, the American Water Works Association and the Water Pollution Control Federation.

(2)

If the public works commissioner determines that it is not practicable to measure such wastes by meters, he shall measure the wastes in any manner or method as he may determine to be practicable in his discretion. The wastes so measured shall be considered the percentage of metered water entering the sewage service system.

(3)

Where certain types of business and industrial users have a state permit to discharge water and if such users shall install and have in operation equipment to divert such water from entering the sewage system, the user charges for such users shall be adjusted by applying to such users the provisions of section 45-55(4). When the equipment is installed and in operation, the owner shall install a meter or meters of a type approved by the public works commissioner at the owner's expense to measure the amount of water so diverted. Such meters and records will be periodically inspected by the city.

(4)

No provision contained in this section shall be construed as precluding any agreement between the city and any industrial concern or user whereby industrial waste of unusual strength or character may be deemed acceptable by the city for treatment subject to such additional charges as shall be determined by the public works commissioner.

(5)

The public works commissioner and such employees of the city as he shall authorize and who are acting as his duly authorized agents and bearing proper credentials and identification, shall be permitted access to properties as may be necessary for the purposes of inspection, observation, measurement, sampling and testing in accordance with the provisions of this chapter.

(Code 1968, § 41-6(c); Ord. No. 92-053(sub 1), § 1(j), 7-2-92)

Sec. 45-62. - Collection.

The collection of the rates, fees or charges prescribed and provided for in this article shall be in accordance with the provisions of the charter of the city and this article.

(Code 1968, § 41-8)

Sec. 45-63. - Discounts, penalties, etc.

Sewer charges shall be treated in the same manner, as to discounts, penalties and other regulatory terms, as the water rents billed by the water division for its own services in supplying water.

(Code 1968, § 41-7)

Secs. 45-64—45-75. - Reserved.